How to Determine Rights Regarding Equal Pay
Passed in 1963, The Equal Pay Act dictates that employers must give equal pay for equal work with no thought to gender. While the Act applies to both sexes, it was enacted to eliminate discrimination against women in the workplace. Here are some tips to help you determine your rights in regard to equal pay.
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Instructions
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Consider location The first element of an Equal Pay Act violation claim is that you and the person of the opposite gender are working in the same place. This is an easy one since it generally just means that you are working for the same employer in the same environment.
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Determine if you are doing equal work. The second element of an Equal Pay Act claim is that you and the person of the opposite gender who is getting paid more are essentially performing tasks that are equal if not similar. Two jobs are generally considered equal when they each demand equal skill, effort and responsibility. Also they must be performed under similar working conditions. The actual duties performed are what is important here, not the job title or description.
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Make sure that you are receiving unequal pay. The law requires that you receive the same pay rate, not that same total amount. An employee who works longer hours than you, but at the same rate, may receive more money. This would not constitute a violation as long as the pay rate is the same. Employees doing equal work must also receive equal fringe benefits, such as pensions, insurance coverage, vacation time and bonuses.
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Understand the effect of the Civil Rights Act. In addition to the Equal Pay Act, you have rights under Title VII of the Civil Rights Act. Title VII prohibits discrimination based on gender in all aspects of employment. This includes hiring, firing and promotions.
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Tips & Warnings
You should consult an experienced employment law attorney if you are considering filing a lawsuit based on violation of your right to equal pay.
There are both advantages and disadvantages to filing a lawsuit under the Equal Pay Act or Title VII. Under the Equal Pay Act, you don't need to show that your employer acted intentionally when discriminating. However, under Title VII, you can win more money if your lawsuit is successful because you can ask for compensatory damages in addition to your lost wages.
